Marion Conley sits in Allegan County Court for a hearing prior to being ordered to stand trial on a murder charge. The charge has now been dismissed.Kalamazoo Gazette file

On Wednesday, the murder charge, against Conley was dismissed for lack of evidence and he was set free.

But because the charge was dropped "without prejudice," Anderson explained, authorities reserve the right to recharge Conley if they collect more evidence.

Anderson said the evidence presented at a preliminary examination -- the alleged motive of his anger at Snyder, witness statements, his "bizarre behaviors" at the time of the shooting, and a .22 caliber bullet -- were sufficient for a judge to bind Conley over for trial.

But the standard for convincing a jury beyond a reasonable doubt is much higher, the prosecutor said, and it seemed doubtful that authorities could make their case by the December trial date. "He has a right to a trial within 180 days," Anderson said.

"We need witnesses to tie loose ends together and we don't have a gun, a murder weapon,"he said.

Anderson said sometimes people come forward after some time has elapsed with information that can help an investigation, something he is hopes will happen in this case.

The prosecutor said authorities are not worried about the safety of Conley's wife, Malvia Conley, who nervously told the court at Conley's preliminary examination on the charges that her husband had
told her not to tell anyone about his handgun the night before Snyder
was found dead.

Anderson said Conley's defense attorney, Robert Champion, represents Malvia Conley in a real estate matter and the couple has been in communication throughout Conley's incarceration.